On page C-15 in appendix "C" of the Plan of Arrangement in section 6.1 YMI Matters, you will find the following statement...
"The Shareholders meeting shall be deemed to satisfy the requirements under Sections 133(1) and 155(1) of the CBCA in connection with the holding of YMI's annual meeting of shareholders, and the placing of YMI's annual financial statements (which are available on SEDAR at www.sedar.com), before its shareholders in respect of the financial year ended December 31, 2011."
It seems to me that based on this statement, legally, the AGM is deemed to have been held as long as the RECAP is finallized. the question in my mind is, what if the RECAP falls apart in court?
Does this statement still hold, and does that mean the AGM is deemed to have been held.
My second question is, what about voting in the BOD?